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PP16-037 Final First Amendment to the Draft Environmental Impact Report St. James Park Capital Vision and Performing Arts Pavilion Project SCH# 2016052074 Prepared by the In Consultation with September 2020 TABLE OF CONTENTS Section 1.0 Introduction .................................................................................................................... 1 Section 2.0 Draft EIR Public Review Summary ............................................................................... 2 Section 3.0 Draft EIR Recipients ...................................................................................................... 3 Section 4.0 Responses to Draft EIR Comments ................................................................................ 5 Section 5.0 Draft EIR Text Revisions ............................................................................................. 81 Appendix A: Draft EIR Comment Letters Appendix B: List of Recipients of Notice of Availability St. James Park Capital Vision and Performing Arts Pavilion i First Amendment to the Draft EIR City of San José September 2020 SECTION 1.0 INTRODUCTION This document, together with the Draft Environmental Impact Report (Draft EIR), constitutes the Final Environmental Impact Report (Final EIR) for the St. James Park Capital Vision and Performing Arts Pavilion project. PURPOSE OF THE FINAL EIR In conformance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, this Final EIR provides objective information regarding the environmental consequences of the proposed project. The Final EIR also examines mitigation measures and alternatives to the project intended to reduce or eliminate significant environmental impacts. The Final EIR is intended to be used by the City of San José and any Responsible Agencies in making decisions regarding the project. Pursuant to CEQA Guidelines Section 15090(a), prior to approving a project, the lead agency shall certify that: (1) The Final EIR has been completed in compliance with CEQA; (2) The Final EIR was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and (3) The Final EIR reflects the lead agency’s independent judgment and analysis. CONTENTS OF THE FINAL EIR CEQA Guidelines Section 15132 specify that the Final EIR shall consist of: a) The Draft EIR or a revision of the Draft; b) Comments and recommendations received on the Draft EIR either verbatim or in summary; c) A list of persons, organizations, and public agencies commenting on the Draft EIR; d) The Lead Agency’s responses to significant environmental points raised in the review and consultation process; and e) Any other information added by the Lead Agency. PUBLIC REVIEW In accordance with CEQA and the CEQA Guidelines (Public Resources Code Section 21092.5[a] and CEQA Guidelines Section 15088[b]), the City shall provide a written response to a public agency on comments made by that public agency at least 10 days prior to certifying the EIR. The Final EIR and all documents referenced in the Final EIR are available for public review at the Department of Planning, Building, and Code Enforcement located at 200 East Santa Clara Street on the 3rd Floor on weekdays during normal business hours. The Final EIR is also available for review on the City of San José’s website: https://www.sanjoseca.gov/your- government/departments/planning-building-code-enforcement/planning-division/environmental- planning/environmental-review/active-eirs/st-james-park-capital-vision-levitt-pavilion. St. James Park Capital Vision and Performing Arts Pavilion 1 First Amendment to the Draft EIR City of San José September 2020 SECTION 2.0 DRAFT EIR PUBLIC REVIEW SUMMARY The Draft EIR for the St. James Park Capital Vision and Performing Arts Pavilion project, dated May 2020, was circulated to affected public agencies and interested parties for a 45-day review period from May 19, 2020 through July 6, 2020. The City of San José undertook the following actions to inform the public of the availability of the Draft EIR: • A Notice of Availability of Draft EIR was published on the City’s website (https://www.sanjoseca.gov/Home/ShowDocument?id=58693) and in the San José Mercury News; • Notification of the availability of the Draft EIR was mailed to project-area residents and other members of the public who had indicated interest in the project; • The Draft EIR was delivered to the State Clearinghouse on May 18, 2020, as well as sent to various governmental agencies, organizations, businesses, and individuals (see Section 3.0 for a list of agencies, organizations, businesses, and individuals that received the Draft EIR); and • Copies of the Draft EIR were made available on the City of San José’s website (https://www.sanjoseca.gov/your-government/departments/planning-building-code- enforcement/planning-division/environmental-planning/environmental-review/active-eirs/st- james-park-capital-vision-levitt-pavilion). St. James Park Capital Vision and Performing Arts Pavilion 2 First Amendment to the Draft EIR City of San José September 2020 SECTION 3.0 DRAFT EIR RECIPIENTS CEQA Guidelines Section 15086 requires that a local lead agency consult with and request comments on the Draft EIR prepared for a project of this type from responsible agencies (government agencies that must approve or permit some aspect of the project), trustee agencies for resources affected by the project, adjacent cities and counties, and transportation planning agencies. The NOA for the Draft EIR was sent to owners and occupants adjacent to the project site and to adjacent jurisdictions. The following agencies received a copy of the Draft EIR from the City of San José or via the State Clearinghouse: • California Air Resources Board • California Department of Conservation • California Department of Fish and Wildlife, Bay Delta Region 3 • California Department of Forestry and Fire Protection • California Department of Parks and Recreation • California Department of Transportation, District 4 • California Department of Transportation, Division of Aeronautics • California Department of Water Resources • California Highway Patrol • California Native American Heritage Commission • California Natural Resources Agency • California Public Utilities Commission • California Regional Water Quality Control Board, San Francisco Bay Region 2 • Department of Toxic Substances Control • Office of Historic Preservation • State Water Resources Control Board, Division of Water Quality • City of Campbell, Planning Division • City of Cupertino Community Development Department • City of Fremont Community Development Department • City of Milpitas • City of Morgan Hill, Planning Division • City of Mountain View • City of Palo Alto • City of Santa Clara Department of Planning and Inspection • City of Saratoga Community Development Department • City of Sunnyvale, Planning Division • Greenbelt Alliance • Guadalupe-Coyote Resource Conservation District • Lozeau Drury LLP • Metropolitan Transportation Commission • Native American Heritage Commission • Office of Historic Preservation • Regional Water Quality Control Board, Region 2 • PG&E Land Rights Services • San José Unified School District St. James Park Capital Vision and Performing Arts Pavilion 3 First Amendment to the Draft EIR City of San José September 2020 • San José Water Company • Santa Clara Audubon Society • Santa Clara County Planning Department • Santa Clara County Roads & Airports Transportation Planning Department • Santa Clara Valley Open Space Authority, Community Projects Review Unit • Santa Clara Valley Transportation Authority • Santa Clara Valley Water District • Sierra Club-Loma Prieta Chapter • State Water Resources Control Board • Town of Los Gatos, Community Development Department • United States Fish and Wildlife Service • Approximately 120 individuals who requested notices during the Notice of Preparation and Scoping Meeting. St. James Park Capital Vision and Performing Arts Pavilion 4 First Amendment to the Draft EIR City of San José September 2020 SECTION 4.0 RESPONSES TO DRAFT EIR COMMENTS In accordance with CEQA Guidelines Section 15088, this document includes written responses to comments received by the City of San José on the Draft EIR. Comments are organized under headings containing the source of the letter and its date. The specific comments from each of the letters and/or emails are presented with each response to that specific comment directly following. Copies of the letters and emails received by the City of San José are included in their entirety in Appendix A of this document. Comments received on the Draft EIR are listed below. Comment Letter and Commenter Page of Response Government Agencies ........................................................................................................................ 7 A. Santa Clara County Airport Land Use Commission (dated May 20, 2020) ....................... 7 B. Santa Clara Valley Transportation Authority (dated July 6, 2020) .................................... 7 C. Santa Clara Valley Water District (Dated July 6, 2020) .................................................. 10 Organizations, Businesses, and Individuals ..................................................................................... 13 D. Martha O’Connell (dated May 19, 2020) ......................................................................... 13 E. Larry Ames (dated May 20, 2020) ..................................................................................
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